Gen's upcoming events and Misc.upcoming projects...





GENS MISC. UPCOMING PROJECTS: Heartworm Press are publishing “Collected Lyrics and Poems of Genesis Breyer P-Orridge – Volume One 1961 to 1971. Later they will publish Gen's first novel, written in 1969, “Mrs. Askwith”. Other books will follow.

Monday, November 16, 2009

Gen's 1994 cease and desist to the Psychick Warriors Ov Gaia

To: Psychick Warriors Ov Gaia
Katharos Foundation
P.O. Box 837
5000 av Tilburg Holland
9th September 1994

From: GENESIS P-ORRIDGE
P.O. Box 1034
OCCIDENTAL
CA. 95465-1034


WITHOUT PREJUDICE:

Dear Sirs,

I am writing to inform you that I intend to pursue with duelegal vigor the matter of your group's inarguable and illegal infringement of my personal Registered Trademark.

I have produced, to facilitate a speedy and satisfactory conclusion to this matter, evidence of the certificates registering the "PSYCHICK CROSS" in my name. KK Records,also, released a CD/Album by only myself and Andrew McKenzie.He chose to be called "The Hafler Trio" and I chose to becalled "Thee Temple Ov Psychick Youth" for this project. It is catalogue number KK 015 and titled "DREAMACHINE".

I certainly know from my archive of correspondence that youare all aware that I designed and founded the "T.O.P.Y."project, and further that you are ALL aware that it is my own personal idiosyncratic styles of spelling "OV"; "Thee";"Coum" etc that add to the exploitation of my intellectual property by yourselves. I hope you will end your fruitless denials and begin to suggest forms of settlement and apology in these matters.

I do not consider your brief and arrogant NOTE a suitablereply to this serious matter. You have had ample time to assemble and send me documented PROOF and evidence of yourlegal right to use my personal Trademark. The legal onus is,and must be, upon you to provide authentic and incontrovertible documentary evidence that you receive ddirect consent from myself to pirate and exploit my private Trademark properties.

I must inform you that I have appointed legal representatives in the UK to administer my Trademark, and the Trademarks and Patents office's correspondence with me. You must cease and desist immediately from your flagrant and illegal infringements of my personal Trademark. There is no excuse at all. You have absolutely no legal rights to exploit it, nor did you ever have such rights.

I expect an IMMEDIATE response to this letter, Return of Post, producing written and clear proposals as to how you intend to rectify this intrusion into my life, my work and mypersonal career, and through that the damage and loss offuture income you have caused me, as well as personal distress and the jeopardising of my future business deals,which inevitably include my continued use of my own Trademark.

Yours Sincerely,
Genesis P-Orridge





LETTER 2
To: Psychick Warriors Ov Gaia
Katharos Foundation
P.O. Box 837
5000 av Tilburg Holland

9th September 1994

From: GENESIS P-ORRIDGE
P.O. Box 1034
OCCIDENTAL
CA. 95465-1034

Dear Sirs,
I have registered a Trade Mark in the following details:-

1. Trade Mark registered in part A of the Register under no:1334546 as of the date 06.02.1988 in Class 16 Schedule 4 inthe name of Genesis P-Orridge. Sealed on 8th December 1989.

2. Trade Mark registered in Part A of the register under no:1334545 as of the date 06.02.1988 in Class 09 Schedule 4 inthe name of Genesis P-Orridge. Sealed on 20th October 1989.

3. Trade Mark registered in Part A of the register under no:1379316 as of the date 23.03.1989 in Class 14 in the name ofGenesis P-Orridge. Sealed on 14th December 1990.

The classes are as follows in terms of "products" covered:-

Class 16:- Printed Matter; Newspapers and Periodicals; Books;Journals; Photographs; Posters; Postcards; and all includedin Class 16.

Class 09:- Records; Tapes; Compact Discs; Videos; allincluded in Class 09.

Class 14:- Goods in precious metals or coated therewith(except cutlery, forks and spoons); jewellery; goods inprecious stones; all included in Class 14.

I have been travelling in the Far East for some time, but have now settled in the U.S.A. I believe that my attorneys,SIMONS & STEIN, have already contacted "Restless" in the USA. I am sure you are aware of the reason for my contacting you.It is really very simple. I want you to agree immediately to cease and desist from exploiting my Registered Trademark. It is registered in Europe, a process that was expensive andtime consuming, and there is reciprocity with the U.S.A.

The use of my internationally recognised personal Trade Mark,combined with the adoption of my own personal literaryidiosyncracies in your text seems designed to mislead thepublic into assuming at the very least, that I am involved inyour project, and at worst that it is a project of my ownthinly disguised. This effect has been confirmed directly tome over and over again by shop proprietors, and music buyers.

As I am SURE you are aware. I continue to use my Trade Markon my products and projects. Your unsanctioned co-option ofmy Trade Mark damages my past, present, and future works. I intend to continue using my Trade Mark and it is intolerableand unacceptable for anyone else to capitalise on, profitfrom, and deceive the public and the market place. I considerthis a very serious, and fraudulent, manipulation of my reputation and body of work.

I must once more insist that you immediately cease and desistfrom all and any further use and/or exploitation of my TradeMark. I further demand to receive in writing, within 30 daysof the date of this letter, a proposal from yourselves, andK.K. Records, and Restless Records for a substantial andappropriate amount of financial compensation both for theblatant infringement of my Trade Mark rights, and for thecontinuous damage to my own commercial projects. I furtherrequest that all and any stock that remains with my TradeMark on it be withdrawn immediately and destroyed.

I demand full figures on the numbers of products soldexploiting my protected Trade Mark by yourselves and any andall record labels that release your work(s). I expect financial compensation for each and every infringement.

I intend to pursue this matter legally if a mutually agreedsettlement is not reached between us in as short a period oftime as is possible practically.

I do believe, personally, that your exploitation of my TradeMark, was deliberately intended to enable you to confuse the public, and to exploit the possibility that I was involved in your project. I therefore also demand a Press Release that states clearly, and without malice in its content, that I, Genesis P-Orridge was not, and never was, in anyway connected with your releases, and that you used my legally protectedTrade Mark without my prior knowledge or consent, and that you apologise for any financial and/or creative distress it has caused both Genesis P-Orridge and his public.

I reserve each and all my legal rights, and avenues of action re: this matter.

Yours Sincerely,

Mr. G. P-Orridge
cc. KK Records/Restless Records/
Simons & Stein.


LETTER 3

To: David Gerber
Business Affairs
Restless Records
1616 Vista Del Mar Avenue
Hollywood CA 90028

20 December 1994

From: GENESIS P-ORRIDGE

Dear David,
I have to say that I am deeply disappointed in your letter. I waited a long time for a written reply. I felt I was open,clear and honest with you in our phone conversations. It is sad to see a corporate hat take over, apparently based upon acombination of bluff; financial superiority and self-interest.

Before E go Any further, and you imply thee lack ov my coummittmeant to my own idiosyncratic linguistics, please beaware ov thee clear differentiation E have ov separating legal/business letters, from more personal and/or literarytasks. In other words, as even my Attorneys will attest, Enormally write in what E my SELF dubbed "T.O.P.Y. speak",though E began developing my idiosyncratic style in thee 1960's and have ample archive evidence ov that claim should Eneed to press thee matter.

I hope that point is cleared up. My normal spelling is purelyan exception to demonstrate politeness.

I enclose, for your files, copies of the actual certificates, showing clearly my Registration of my personal Trademark inEurope. I have consulted with TWO USA Attorneys specialising in Intellectual Property and Copyright. One of these, Mr.Michael D. Rostoker, is considered something of an Internationally renowned authority in these matters and has even published books and videos detailing many intricaciespertaining to my situation through the LSI Logic Corporation.The other is based in New York. Both of them confirm that there IS reciprocity regarding Trademark and Intellectual Property rights between Europe and the United States byvirtue of an Internationally recognised lineage of precedent.

Both further point out that there is no doubt whatsoever, by virtue of the possession, by myself of incontrovertible evidence via legal documents and certificates (copies of someenclosed) declaring my ownership of my Trademark after it was duly, and correctly advertised in the appropriate journals.

There is no "allegation" here. There is fact. Uncomfortable though it might be for yourselves and your arrogant clients/licensees. The onus is therefore, not upon me toprove the already proven, but upon yourself, and KK and PWOGto prove THEIR allegations that they can PROVE they ever hada clear legal and documented right to exploit and trade upon my Trademark.

I can produce, from my voluminous, and thorough archive,documentary evidence to verify each and every claim. The freealbum with Psychic(k) TV's first L.P. on Warner BrothersRecords called "Force The Hand Of Chance" was called "THEMES1" and the name of the band on that free album was spelled"PSYCKICK TV". In interviews, reviews, and texts followingthat we stated in documented forms that the "K" was primarilyto indicate to the record buying public that the recordedworks released by my band were more "ambient" or "ritual" or"abstract" musics, and less in the pop culture arena. It wasseen as a service. We also stated that, as was traditional,the "K" stood in Thelemic terms for "sexual/magick" themes.To this day we continue to reserve our rights to bothversions of spelling and see no justification for you or yourassociates to instruct us as to when we may or may not spelleither version of our band name. You will also find that our video releases also often use the "K" version of our bandname, as video is seen as a more occultural and transmedia application of our theories and ideas.

As to your kindly informing me that PWOG have released trademark infringing products for longer than I was previously aware of. I thank you for this additional information. Believe it or not, to use a parallel, if an employee of a bank is embezzling money for 6 years, and is only discovered to be stealing this year. The mere fact they"got away with it" undetected for several years does not exonerate them, prove their innocence, or make the charges brought against them when they are caught invalid. In fact it is usually seen as increased evidence of their deviousness;disloyalty; and serious criminality. Quite frankly I am shocked at the pathetic nature of this excuse. Ignorance is not seen as a defence for a crime, nor is it seen as proof of a victims secretly wanting to be violated.

As to the claim by KK "that the registration of the cross is impossible", well I suggest they stop kicking up clouds of phoney dust and begin facing FACTS. You are all culpable, invarying ways, and degrees, for exploitation and infringement of my Trademark. This is indisputable. It will not go away. Nor will I.

I can produce witnessed letters from retailers in the USA;from journalists in the USA; from DJ's in the USA; and from members of the public in the USA, as well as elsewhere in the world, that they were misled, and duped by the packaging in these products from PWOG. Namely their use of my Trademark,and my writing style.

I can further produce numerous witnesses to my writing style being developed individually, by myself in the style which was then exploited later, without my knowledge or consent, ONA COMMERCIAL PRODUCT used for COMMERCIAL GAIN by PWOG in whatis clearly a deliberately deceptive manner.

I have hundreds of publications; books; texts; newsletters;posters; flyers and other publicity and documentary materialsthat confirm that the manner of spelling: most significantlythe use of "THEE" and "OV" is globally recognised and notedas specifically mine, and/or related to projects of mine.

I can show clearly that I first used and developed both thephrase "TEMPLE OV PSYCHICK YOUTH" and that it was a connectedaspect of my art/music/cultural manifestations. That it was stated to be an equal part of my artistic expressions with PTV.

I can produce ample evidence of my use of both spellings of PSYCHIC(K) in all territories.

I understand that you might be ignorant of my entire body of work. I also understand that it suits your purposes and hopes to pretend to believe KK and PWOG, whose allegations are completely undocumented, rather than put in writing the plain truth which is that I have an absolutely clear case.

I also understand that you are will assume delay is in your favour. That you probably assume that your finance give you acertain initial superiority over myself. I feel honor bound to inform you that the tone and the insulting content of your letter have increased my resolve in this matter. I expect tohave a corporate executive situation; and a team of associated attorneys and advisers managing ALL my affairs within a few weeks. ONE of the conditions I have put on thisfuture work situation overseeing my multiple creative affairs is the pursuance of this matter to my final satisfaction. I have to thank you for renewing my determination in this. As you will understand, the protection of my Trademark, and allother recognisable "signatures" connected with every aspectof my life and work are the very product ultimately being invested in whenever I sign any kind of deal.

I am very glad that despite the blustering invective and profesionally self-protecting body of text in your letter, you do not by stating that you will NOT release any further records utilizing my Trademark. (I think we've established itis NOT alleged).

I intend to continue to be forceful in this matter. I might add that I did indeed write to the people calling themselves"T.O.P.Y." in the USA in Sep 93 when I became aware of their activities in relation to myself and my properties. They have not yet satisfied me with their response and I continue to pursue this matter with them also.

Naturally, I will copy this letter, and the certificates proving my Trademark Registration to both KK and PWOG, though I have to inform you that I am fully convinced that they knew all along, and, if they did not, I still cannot imagine how they could ever justify in their own minds (assuming they have ANY morality) the exploitation of what I know they wer eaware was my personal symbol. The only possible explanationis the sickest, and the saddest, that is, monetary.

In terms of Restless, being an honest man, and even if it weakens my case in terms of semantics and law. I am prepared,without prejudice to my complaints, to accept that both you,and your Company, were ignorant of this particular probleminitially.

Yours Sincerely,Genesis P-Orridge
pp PSYCHIC TV.
PSYCHICK TV.





BOYCOTT LETTER

"Never be shy. Confront the bastards."
--Old Topi Proverb

At 12:01 AM, April 23 1995, a campaign was launched.

THE TARGETS: Thee Psychick Warriors Ov Gaia and KK Records.

THE ACTION: A call for the complete financial boycott of all PWOG and KK products (past/present/future).

THE REASON: Copyright infingement and theft of intellectual property.



If you have ever purchased an album by the Psychic Warriors Ov Gaia then this campaign is directed towards you especially.

There is a lot of misconception out there that this outfit is sanctioned by Genesis P-Orridge and Psychic TV. Somepeople may even be under the impression that PWOG is aproject of Genesis'. THIS IS NOT THE CASE.

When one sees the Psychick Cross, most often what comes tomind is Genesis and his affiliates. PWOG are unfairlycapitalizing on this association and have ignored repeated requests to cease this illegal action.

We of PTV4UNE hereby declare an International boycott of all KK Records and Psychick (sic) Warriors Ov (sic) Gaia product.We have taken the lead in this effort by destroying all PWOGproduct we own (yes, we were duped too) and returning them to KK Records.

We shall make every effort to alert everyone concerned in thePsychosphere aware of this campaign. You can help by contacting local record stores and enlightening them.Threatening to take your business elsewhere is always a great technique.

Please write to both KK Records and the Psychick (sic)Warriors Ov (sic) Gaia and inform them of your support for this campaign. Addresses are as follows:

Thee (sic) Psychick (sic) Warriors Ov (sic) Gaia
P.O. Box 837
5000 Av Tilburg
The Netherlands

KK Records
Krijgsbaan 240
2070 Zwijndrecht
Belgium


PTV4UNE letter,published in the ptv4une online zine issue 2


To: KK Records Belgium,
Krijgsbaan 240,
2070 Zwijndrecht
Belgium

From: Matt Bailey,
PTV4UNE,
P.O. Box 232,
Nanaimo B.C., Canada,
V9R 5K9

Dear Sirs;
PTV4UNE is the official fanzine/publication of GenesisP-Orridge and Psychic(k) TV. It has recently come to ourattention that you have failed to respond to the demands ofMr. Genesis P-Orridge to cease your use of his registered trademark and to make amends for any financial damage incurred by him. It is for this reason that, unfortunately,we have to write this letter. This communication will be brief.

It will reiterate what has already been demanded of you by Mr. P-Orridge as well as inform you of the measures that will be taken should you continue to ignore them:

1) Immediately cease the use of the "Psychic Cross", the registered trademark of Genesis P-Orridge.

2) Mail or fax, to his address, a written proposal of substantial financial compensation deemed to be acceptable to Mr. P-Orridge.

3) Immediately withdraw and destroy any and all remaining stock bearing the aforementioned trademark.

4) Comply with any other demands previously communicated by Mr. P-Orridge.

Should you ignore these demands we will be forced tocall for a complete boycott of P.W.O.G. and KK products. We have as our main tool the Internet, which has a potential audience of millions. It is here that we will primarily inform record stores and music buyers of the situation andencourage them to stop buying your products. Our publication has only been available for two weeks and we already have readers in Britain, Finland, Germany, Canada and the USA, among others. It is strongly believed that through this type of networking we will be able to seriously damage the pocketbooks of the above organizations.

This campaign will be launched on the 23rd of April,1995 should you fail to respond. We do not wish to take these measures, however, we are up to the challenge.

Sincerely,
Matt Bailey/PTV4UNE

1 comment:

fredex23 said...
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